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Expert Analysis

Does A Lump Sum Payment Cover All Future Patent Use?

Law360, New York (June 6, 2012, 1:18 PM EDT) -- If an accused infringer has evidence supporting that a hypothetical negotiation would have resulted in a lump sum payment that would be the total payment that the patent owner would ever receive for the patent, the accused infringer should present this evidence at trial and provide the jury with instructions and a verdict form that allow the jury to award a lump sum royalty that encompasses full relief, including relief for post-trial sales. Post-verdict relief and additional litigation may be avoided if a court determines that the jury award properly encompasses all relief that the patent owner is ever entitled to....

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